Fill and Sign the Divorceannulment Family Court Delaware Courts State of Form

Form 413 (Rev. 8/93)The Family Court of the State of DelawarePRO SE DIVORCE INSTRUCTIONS Because of the important nature of divorce proceedings, it is suggested that you obtain an attorney to represent you. A listing of the names of attorneys may be found in the yellow pages of the telephone directory. Also, you may communicate with the Lawyer Referral Service of theDelaware State Bar Association. The phone number for this service is (302) 658-5278. Residents of Kent and Sussex Counties may use the toll free number, (800) 773-0606, to call for this service. If you intend to represent yourself without the advice or services of an attorney, the information below sets out the requirements which must be fully complied with before a divorce or annulment petition can be accepted by the Clerk of Court. THE EMPLOYEES OF THIS COURT WILL NOT BE ABLE TO ASSIST YOU IN PREPARING YOUR PETITION OR ANSWER QUESTIONS HAVING TO DO WITH THECONTENTS OF THE PETITION OR SUPPORTING PAPERS. FOR THIS INFORMATION,YOU SHOULD CONSULT THE PUBLIC LIBRARY WHERE YOU CAN OBTAIN THE USEOF TITLE 13, SECTIONS 1507 AND 1508 OF THE DELAWARE CODE ANNOTATED,WHICH CONTAINS THE STATUTES DEALING WITH DIVORCE AND ANNULMENT. FILING REQUIREMENTS FOR A DIVORCE OR ANNULMENT 1.A filing fee of $75 is require d. In cases where the respondent (your spouse) lives out of state or the address is unknown to you, the petitioner, publication in the local newspaper is required, and an additional publication fee will be necessary. Additionally, there is a charge of $40 for each of the following ancillary matters : property division, alimony, child support and custody/visitation. 2. The original verified petition with one copy shall be typed or printed on standard sizepaper (8½ x 11 inches) using the outline defined in Title 13, Section 1507 of the DelawareCode. Attached to the petition is a "sworn and subscribed to" paragraph which states that the facts stated in the petition are true and correct to the best of your knowledge andbelief. This statement is signed by you and notarized by a Notary Public. 3. A certified copy of the marriage license shall be attached to the verified petition. Such acopy may be obtained from the marriage license bureau in the state in which you weremarried. 4. The respondent (your s pouse) will be notified of the divorce suit by the issuance of a summons, so it will be necessary for you to fill out the attached Praecipe, make a copy and file with your verified petition. 5. You should have received a Certificate of Divorce or Annulment with these instructions.Please complete all blanks from 1 through 14b and 24 through 27. This must also be filed Form 413 (Rev. 8/93)with your verified petition. Certificate of Divorce or Annulment forms may also be obtained through the Office of Vital Statistics in Dover, Delaware. 6. If there are any children under the age of 18 involved in this marriage, you must alsocomplete an Affidavit of Children's Rights. This form must be obtained from the Clerk ofCourt if it was not included with this packet. The Affidavit of Children's Rights must alsobe notarized and filed along with the verified petition. 7. It is the responsibility of you, the petitioner, to request that the case be set for hearingafter the respondent has been served and 20 days have passed. You may call, followed upby a letter, the divorce section of the Office of the Clerk of Court to ask for the nextavailable date for a hearing. Your written request shall include both parties' names, thepetition number, and the date requested for the hearing.